ROYAL v. COMMONWEALTH OF PENNSYLVANIA

Filing 15

ORDER AS FOLLOWS: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 2/9/09. 2/10/09 ENTERED AND COPIES MAILED AND E-MAILED.(fb)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HOZAY ROYAL, : : Petitioner, : : v. : : COMMONWEALTH of PENNSYLVANIA, : : Respondent. : CIVIL ACTION NO. 08-3853 ORDER AND NOW, this 9th day of February 2009, upon c o ns i de r at i on of the Report and Recommendation of United States M a gi s tr a te Judge Jacob P. Hart (doc. no. 14), it is hereby ORDERED a s follows: 1. T h e Report and Recommendation is APPROVED and A D OP T ED ; 1 2. T h e Petition for Writ of Habeas Corpus, pursuant to 2 8 U.S.C. 2254, (doc. no. 1) is DISMISSED. AND IT IS SO ORDERED. S/Eduardo C. Robreno EDUARDO C. ROBRENO, J. No objections to the Report and Recommendation were filed by either party. In Petitioner's reply to the Commonwealth's response to his habeas petition (doc. no. 13), Petitioner admitted that he failed to exhaust remedies at the state court level. Petitioner requested that the Court withdraw his Petition as premature, so as to allow Petitioner to exhaust his remedies at the state court level. 1

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